Legal Opinion

Rubber-Tip Pencil Co. v. Howard

Supreme Court of the United States

Decided December 14, 1874No. 48PublishedCited by 56 opinions

Error to the Circuit Court for the Southern District of New York; the case being thus: On the 23d of July, 1867, J. B. Blair, an artist, alleging himself to he the original, and'first inventor of “a new and useful rubber head for. lead-pencils,” received a patent for his invention.

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Error to the Circuit Court for the Southern District of New York; the case being thus: On the 23d of July, 1867, J. B. Blair, an artist, alleging himself to he the original, and'first inventor of “a new and useful rubber head for. lead-pencils,” received a patent for his invention. His specification and claim were as follows: “ Be it known that I, J. B. Blair, of the city of Philadelphia, &c;, have invented a new and useful cap or rubber head to he applied to lead-pcneils, &c.-, for the purpose of rubbing out pencil-marks ; and I do hereby declare the same to be fully described in the…

1Opinion of the Court

The CHIEF JUSTICE

delivered the opinion of tJtie court.

The question which- naturally presents itself for considera-, tion at the outset of this inquiry is, whether the new article of'manufacture, claimed as an invention1, yvas~ patentable as such. If not, there is an end of. the. case and we need not go further.

A patent may be obtained for a new or useful art, .machine, manufacture, or composition of matter,, or any new and useful improvement thereof. In this case, as has been seen, Blair’s patent was for “ a new manufacture,” being a new and-useful rubber head for lead-pencils. It was not for…

2Cited by56 opinions

  1. Diamond v. DiehrSupreme Court of the United States · 1981
  2. Gottschalk v. BensonSupreme Court of the United States · 1972
  3. Miller v. Eagle Manufacturing Co.Supreme Court of the United States · 1894
  4. Reckendorfer v. FaberSupreme Court of the United States · 1876
  5. National Hollow Brake-Beam Co. v. Interchangeable Brake-Beam Co.Court of Appeals for the Eighth Circuit · 1901

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